Hi,We are letting our property on a (Scottish)short assured tenancy to a local hotel who will be using it as staff accommodation.Rent is paid directly by the hotel to ourselves and utilities,council tax etc are dealt with by them. My query is-Which name should go on the AT5 & SAT?Is it the couple who will be living in the property or their employer,with whom the accomodation arrangement is agreed?

mariner

30-01-2011, 17:59 PM

I would suggest the Hotel, with permission to sub-let to employees only.
There could be a number of actual residents changing around during the term.
Worth getting a solic to check any umbrella agreement IMO

theartfullodger

30-01-2011, 21:25 PM

A Short Assured tenancy (SAT) is a type of Assured Tenancy. Both came in with "Housing (Scotland) Act 1988".

This reads
http://www.legislation.gov.uk/ukpga/1988/43/part/II

Section 12 (1) (a)

12 Assured tenancies.S
(1)A tenancy under which a house is let as a separate dwelling is for the purposes of this Act an assured tenancy if and so long as—
(a)the tenant or, as the case may be, at least one of the joint tenants is an individual; and
(b)the tenant or, as the case may be, at least one of the joint tenants occupies the house as his only or principal home; and

In your case the tenant would be the hotel (not an individual) - presumably a company(?) - so the tenancy can't be an AT thus can't be a SAT.

I think signing up as a SAT & using AT5s would be very unwise...

Not sure where to suggest for advice... if you are a member of SaL
www.scottishlandlords.com
call them on their member helpline

or maybe begg some advice from a (probably city-centre ..) letting agent that specialises in corporate lettings to companies?>? see.
http://www.scottishproperty.co.uk/Links/

or (recommended) find a specialist solicitor who understands landlord/tenant law as applying to corporate bodies.

Think you need some sort of Commercial Lease agreement. Clickdocs provide some
http://www.clickdocs.co.uk/commercial-letting.htm
but think you need more advice on if this is appropriate...

Not entirely sure if you (or indeed the Hotel) need to be registered as a Landlord (are you??) or if "normal" landlord insurance would cover you in this case (kinda important - read your policy!!) .

For the benefit of future searchers after knowledge could you post what advice you are given from elsewhere please??

Matt63

31-01-2011, 05:46 AM

Not entirely sure if this is relevant, but in England letting agents do let to limited companies using a slightly different form of tenancy agreement. The permitted occupiers are listed in the agreement and limited company has to let you know when the occupiers change. It's not an AST but is similar, so it is logical that there is a Scottish equivalent...

welshgold

01-02-2011, 18:30 PM

We were approched by a local hotel about flat, and let to the employee direct,a perfect tenant, when she moved on,the hotel again asked for flat for the person who replaced her at hotel ,again good tenant, but on third approch from hotel and third employee who took over tenancy, but trashed flat and moved on. Unfortunatly then the hotel did not want to know. As some employees in hotel trade can move on quickly, ,maybe best course is to let to hotel direct.